(a) On or after January 1, 2011:

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Terms Used In Tennessee Code 68-211-204

  • Covered generator: means any generator that:
    (A) Employs ten (10) or more employees. See Tennessee Code 68-211-203
  • Generator: means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product. See Tennessee Code 68-211-203
  • Hazardous waste management facility: means :
    (A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. See Tennessee Code 68-211-203
  • Mercury-added consumer product: includes , but is not limited to:
    (i) Thermostats. See Tennessee Code 68-211-203
  • Person: means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government. See Tennessee Code 68-211-203
  • Solid waste: means :
    (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-203
  • Universal waste: means any of the hazardous wastes listed in Tenn. See Tennessee Code 68-211-203
  • Universal waste destination facility: means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. See Tennessee Code 68-211-203
(1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and
(2) A covered generator shall ensure that its discarded mercury-added consumer products are:

(A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act (“RCRA”) (42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and
(B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either:

(i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 – 0400-12-01-.07; or
(ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(b) Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a).
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